WEBVTT
X-TIMESTAMP-MAP=LOCAL:00:00:00.000,MPEGTS:0

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BEEN ACROSS THE STREET ON

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CAPITOL HILL.

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>> Sandra: THANK YOU ED,

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THANK YOU, SHANNON APPEARED

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LET’S BRING IN

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JUDGE ANDREW NAPOLITANO, WHO IS

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DOUBLE THE BREADING FILE ON

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FOX NATION.

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THANKFULLY, YOU ARE ABLE TO JOIN

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US HERE.

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PAGES OF THIS DECISION, 6-3

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DECISION DEALT WITH THREE

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INDIVIDUAL CASES, WHAT IS YOUR

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REACTION?

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>> OUR COLLEAGUE JUST SAID VERY

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NICELY ARTICULATED WHAT IS GOING

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ON HERE IN THE COURT AND

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BASICALLY, THIS IS 172 PAGES

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OVER THE MEANING OF THE WORD

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SEX.

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THE SIMPLE WORD, SEX MEAD IN

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1964 WHAT IT MEANS TODAY OR IS

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THE COURT JUST TO INTERPRET THE

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STATUTE IN ACCORDANCE WITH THE

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PLAIN MEANING OF THE WORD AS IT

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IS UNDERSTOOD BY THE PUBLIC.

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SO IN 1964, NO ONE IN CONGRESS

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THOUGHT THIS APPLIED TO THE

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LGBTQ COMMUNITY.

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THE COMMUNITY WAS NOT ORGANIZED.

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HE WASN’T CALLED THAT.

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NOBODY THOUGHT IT APPLIED TO

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GAYS AND LESBIANS.

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WE KNEW THAT BECAUSE IN 1964

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WHEN IT WAS DEBATING THE CIVIL

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RIGHTS ACT, ATTEMPTED TO ADD

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PROTECTION FOR GAYS AND LESBIANS

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AND THEY DEFEATED THAT.

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DOES THAT MEAN THEY DIDN’T WANT

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THE PROTECTION IN THERE WHERE

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THE PEOPLE THAT WANTED TO ADD IT

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IN THERE WANTED TO ADD IT AS A

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POISON PILL SO THE ENTIRE

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STATUTE WOULD BE DEFEATED IN

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1964?

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JUSTICE GORSUCH SAYS NONE OF

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THAT HISTORY MATTERS.

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WHAT MATTERS IS THE WORD THAT

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CONGRESS USED, AND IT USE THE

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WORD SEX.

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WHEN A HUMAN BEING IS

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DISCRIMINATED AGAINST ON THE

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BASIS OF SEXUAL ORIENTATION OR

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ATTRACTION FOR BEHAVIOR, THAT IS

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DISCRIMINATION BASED ON SEX AND

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THEREFORE IT IS PROHIBITED.

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THIS IS WHAT WE CALL A LANDMARK

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DECISION BECAUSE IT WILL HAVE A

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RADICAL EFFECT IN 17 STATES.

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WHY DO I SAY 17 STATES?

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AND THE OTHER STATES, THIS

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ALREADY IS THE LAW LIKE IN

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NEW YORK WHERE WE WORK FOR

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NEW JERSEY WHERE WE ARE AT THE

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MOMENT, IT ALREADY IS THE LAW

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UNDER STATE LAW.

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BUT NOW AS OF 10:00 THIS

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MORNING, IT IS THE LAW

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EVERYWHERE IN THE UNITED STATES.

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>> Sandra: DOES THIS OPEN THE

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DOOR TO A HOST OF OTHER

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CHALLENGES WHEN IT COMES TO

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DISCRIMINATION TALKING ABOUT THE

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LANDMARK CASE?

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>> I THINK IT PROBABLY DOES.

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THE CIVIL RIGHTS ACT OF ’64

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PROHIBITS DISCRIMINATION IN

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PUBLIC ACCOMMODATIONS AND IN

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EMPLOYMENT.

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SO EVEN THOUGH THIS DECISION

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TODAY JUST INVOLVES EMPLOYMENT,

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PEOPLE WILL USE THE LANGUAGE,

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THE RATIONALE OF THE 6-3 OF

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MAJORITY TO MAKE OTHER ARGUMENTS

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FOR PUBLIC ACCOMMODATIONS AS

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WELL.

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AGAIN, ONLY IN THE 17 STATES,

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COUNTING THE DISTRICT OF

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COLUMBIA, ONLY IN THE 17 STATES

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THAT DON’T HAVE A STATE CIVIL

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RIGHTS LAW THAT PROTECTS SEXUAL

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ORIENTATION.

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THAT IS ALWAYS THE FEAR OF

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DISSENT, THAT WE ARE OPENING UP

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THE DOOR, THAT THIS IS A

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SLIPPERY SLOPE.

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JUSTICE GORSUCH SAYS IT IN

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ANSWER TO THAT, WE ARE RULING ON

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THE BASIS OF THE FACTS BEFORE

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US.

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WHEN A NEW CASE COMES TO US, WE

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WILL RULE ON THAT.

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>> Sandra: SO THE COURTS AS

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FEDERAL LAW PROTECTS THOSE

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WORKERS FROM DISCRIMINATION AND

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IS A LANDMARK CASE AND WE WILL

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HAVE MORE CONTINUING COVERAGE ON

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THAT BUT I WANT TO FIRST ASK YOU

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BEFORE YOU GO ABOUT THE ONGOING

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SITUATION IN THIS COUNTRY WHEN

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IT COMES TO SHUT DOWN ORDERS.

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YOU AND I HAVE TALKED A LOT

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ABOUT THAT.

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IT’S AS IF I DON’T SEE PROPER

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SOCIAL DISTANCING HAPPENING

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WHICH WE ARE SEEING PEOPLE

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CONGREGATE IN THE STREETS

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OUTSIDE OF BARS AND EVERYWHERE

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IN NEW YORK, HE WILL HAVE TO

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SHUT IT DOWN AGAIN.

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HERE IS THE GOVERNOR.

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>> I AM WARNING TODAY IN A NICE

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WAY CONSEQUENCES OF YOUR

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ACTIONS.

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WE HAVE 25,000 COMPLAINTS

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STATEWIDE.

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I AM NOT GOING TO TURN A BLIND

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EYE TO THEM.

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WE HAVE TO CLOSE, THEN PEOPLE

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ARE GOING TO HOLD YOU

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ACCOUNTABLE.

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>> Sandra: SO HE IS TALKING

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ABOUT HAVING TO SHUT DOWN THE

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SECOND TIME AS SO MANY

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BUSINESSES ARE STRUGGLING TO

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EVEN MAKE IT THROUGH AND MANY

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DIDN’T EVEN MAKE IT AT ALL.

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>> GOVERNOR CUOMO HAS BEEN MY

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FRIEND FOR MANY YEARS.

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HE SOUNDS LIKE A GROUCH.

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I DIDN’T HEAR HIM COMPLAINING

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ABOUT THE DEMONSTRATIONS IN THE

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STREETS NOT FOLLOWING SOCIAL

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DISTANCING, ONLY COMPLAINING

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WHEN PEOPLE ARE ENJOYING

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THEMSELVES IN THE BARS IN LOWER

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MANHATTAN AND ON THE BEACHES OF

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LONG ISLAND THIS WEEK.

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WE HAVE COME TO A POINT WHERE

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PEOPLE HAVE HAD ENOUGH, WHERE

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THEY RECOGNIZE THAT WHAT

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GOVERNORS ARE ISSUING OUR

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GUIDELINES AND IF THEY WANT TO

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TAKE THE CHANCE TO LIVE AS

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NORMAL HUMAN BEINGS AGAIN, THEY

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ARE ENTITLED TO TAKE THAT

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CHANCE.

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I DON’T THINK YOU WERE GOING TO

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SEE COMPLIANCE AND I THINK YOU

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WERE GOING TO SEE POLICE SAYING

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FORGET ABOUT IT, MORE IMPORTANT

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THINGS TO WORRY ABOUT THAN HE

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WAS WEARING A MASK AND WHO IS

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OUT ON THE STREET AND WHO IS

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6 FEET FROM THE PERSON ON THE

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SIDEWALK.

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>> Sandra: AS YOU KNOW, THEY

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SENT OUT THESE SOCIAL DISTANCING

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AMBASSADORS THEY ARE CALLING

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THEM TO MAKE SURE PEOPLE ARE

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ENFORCING GOOD BEHAVIOR ON THE

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STREET, REALLY SOMETHING TO

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WATCH AND WE WILL SEE WHAT